Abolition of caretaker govt system prolonged fascism: Attorney general 

Attorney General Advocate Md Asaduzzaman has said that the abolition of the non-partisan caretaker government system through the 15th Amendment to the Constitution has dealt a severe blow to democracy and prolonged fascism.

"The previous government did not wait for the full judgment of the Appellate Division. Holding elections with sitting parliament members under Article 123 is illegal and violates the fundamental structure of the Constitution," he said today (13 November) during the hearing on the High Court's rule regarding the validity of the 15th Amendment, which abolished the caretaker government system.

The hearing took place before the bench of Justices Farah Mahbub and Debashish Roy Chowdhury.

After the hearing, the attorney general told the media, "We support the rule issued by the court, but we do not want the entire 15th Amendment to be annulled. 

"There are certain sections that conflict with the Constitution. The 15th Amendment has destroyed Bangladesh's democracy, prolonged fascism, trampled the spirit of the Liberation War, and violated the supremacy of the Constitution. This is tantamount to betrayal of the Constitution," he added.

Regarding the issue of the Father of the Nation in the Constitution, he said, "We acknowledge his [Mujib] undeniable contribution to the Liberation War and his stature as a political leader. But the political use of his status was intended to diminish his contributions to the Liberation War."

"The Constitution's preamble does not suggest that one individual did everything. The preamble states, we, the people of Bangladesh, signifying the collective effort." 

He said, "The shift from "We-ness" to "I-ness" has political implications that are undesirable, leading the country in a direction that undermines its democratic values."

On the amendment of fundamental provisions of the Constitution, he said that Articles 7(1) and 7(2), which relate to the unamendable nature of certain provisions, were designed to kill, shrink, and exile democracy, creating a culture of fear and silencing dissent.

Regarding referendums, the attorney general said that the abolition of provisions allowing public participation in amending the Constitution had silenced the voice of the people.

In 2011, the Appellate Division declared the caretaker government system illegal, striking down the 13th Amendment. 

The ruling led to the removal of the caretaker government system and the introduction of the 15th Amendment, which was passed by the Parliament and approved by the President in July 2011. 

The amendment abolished the caretaker system, granted constitutional recognition to Sheikh Mujibur Rahman as the Father of the Nation, and made several other changes, including increasing reserved seats for women in Parliament and restoring secularism as a state principle.

Recently, five individuals, including Badiul Alam Majumdar, Secretary of Shushashoner Jonno Nagorik, have filed a writ petition in the High Court seeking the annulment of the 15th Amendment.

The High Court issued a rule on 19 August asking why the amendment should not be declared unconstitutional. The hearing is ongoing.